Gray•Duffy Obtains Dismissal in Complex Catastrophic Personal Injury Case

April 2012

Overview

Rick Williams of Gray•Duffy’s Redwood City office represented G & K Management, Inc., a large owner of residential apartment complexes in the Western United States in a catastrophic personal injury case involving a woman who drove her car through an apartment building seriously injuring a young girl.

Discussion

Medina v. G & K Management, Inc.

A 60-year-old woman drove her BMW sedan through a stop sign at approximately 80 MPH, hitting a curb, becoming airborne, and crashing through the exterior wall of an apartment building. The car struck a 13-year-old girl in her living room, crushing her and dragging her across the apartment and through the wall of the adjoining apartment. The car came to rest on top of the girl in the living room of that apartment. Neighbors and emergency personnel responded to the scene and physically lifted the car off of the girl. She survived with massive internal and orthopedic injuries, including degloving of her scalp.

The primary issues in this case were duty and foreseeability. There was no history of similar accidents at this location, or any other property owned by G & K Management. A motion for summary judgment was pending when the case settled. The plaintiff’s medical bills were in excess of $800,000 and the plaintiff remained in an induced coma for almost three weeks. Fortunately, she made a miraculous recovery, suffered no brain injuries and returned to school the following year without losing her grade level.

Rick Williams of Gray•Duffy’s Redwood City office represented property owner, G & K Management, Inc., other defendants included the driver of the BMW and Kaiser Permanente for allegedly over-prescribing anti-seizure medication to the driver, and the manufacturer of the anti-seizure medication.

The case settled after a day-long mediation for the driver’s policy limit of $300,000. No settlement contributions were made by any of the other defendants, including the firm’s client. The settlement included the plaintiff assuming full responsibility for all medical and related liens.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.